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HTMLLouisiana Supreme Court Bounces Out on Arbitration Clause
Andrew P. Burnside, Lisa Diane Hanchey; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 21, 2016, previously published on December 1, 2016
A recent Louisiana Supreme Court decision over the enforceability of an arbitration clause has the justices battling it out. Against well-established precedent favoring arbitration clauses, the court recently found that a provision in an indoor trampoline park’s participant agreement was...

 

HTMLFederal Court in Missouri Holds At-Will Employment Is Not Consideration for Noncompete
Andrew L. Metcalf, Robert W. Stewart; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 21, 2016, previously published on December 1, 2016
The end of the year is an opportune time for employers to make sure their noncompete and arbitration agreements are still valid. A recent Missouri federal court decision underscores how difficult it can be to enforce those agreements against at-will employees in Missouri. Durrell v. Tech...

 

HTMLCalifornia Statewide and Local Minimum Wage Rates to Increase in 2017
Christopher W. Olmsted; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 14, 2016, previously published on November 29, 2016
The California minimum wage is scheduled to increase on January 1, 2017 to $10.50 per hour for businesses employing 26 or more employees. Small employers with 25 or fewer employees will not see an increase until 2018. The increase is a result of SB-3, which was signed into law earlier this year....

 

HTMLMust Your Stadium, Theater, or Museum Offer Complimentary Admission to Personal Care Providers?
David H. Raizman, Amber L. Roller; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 14, 2016, previously published on November 29, 2016
Are public accommodations required to admit personal care providers for free? That’s the question that the lawyers in our Disability Access Practice Group have been hearing with increasing frequency since the U.S. District Court for the Eastern District of Pennsylvania issued a decision in...

 

HTMLCourt Denies Temporary Injunction on OSHA’s Electronic Reporting Regulation
Melissa A. Bailey, John F. Martin; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 14, 2016, previously published on November 29, 2016
On November 28, 2016, a federal district judge rejected several industry groups’ attempt to halt certain aspects of the Occupational Safety and Health Administration’s (OSHA) Improve Tracking of Workplace Injuries and Illnesses final rule. In particular, the groups were targeting the...

 

HTMLLabor and Employment: What We Know and What We Don't Know About the New Trump Administration
Harold P. Coxson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 5, 2016, previously published on November 18, 2016
The traditional frenetic pace of activity in Washington, D.C., following a presidential election has begun in earnest as transition teams are formed for each federal agency, resumes for the 1,300 newly vacant positions are flying around town, policies are being debated for the first 100 days, and...

 

HTMLKeeping the Scrooge Out of Seasonal Hiring: 6 Tips for Retailers
Kelly S. Hughes; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 5, 2016, previously published on November 21, 2016
November and December account for a substantial portion of retail sales-up to 30 percent of annual sales for some businesses. And while there are reports that this holiday shopping season has been delayed due to the presidential election, sales are still expected to top last year’s. A survey...

 

HTMLDHS Regulation to Ease Job Portability for High-Skilled Foreign Workers
Tina H. Ho; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
December 5, 2016, previously published on November 18, 2016
Today, the final version of the long-awaited U.S. Department of Homeland Security (DHS) regulation, “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers,” was published in the Federal Register. The final rule will take...

 

HTMLU.S. and International Employers: Now Is the Time to Reaffirm Your Commitment to Diversity and Inclusion
Carson G. Burnham, Bonnie Puckett; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 5, 2016, previously published on November 22, 2016
No doubt walking a difficult line in the wake of the election results, human resources professionals are tasked with cementing their companies’ position as equal opportunity employers. At the same time, female employees, employees with diverse racial and ethnic backgrounds, employees from...

 

HTMLWhat Should Employers Do Now That the Overtime Rule Is Blocked?
Marc L. Zaken; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 2, 2016, previously published on November 23, 2016
Now that a federal district court judge has issued a nationwide injunction against the new overtime rules that were to go into effect on December 1, 2016, many employers are asking “what should we do?” Some employers have already prepared to comply with the new regulations and are ready...

 


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